42. Provost-marshals, while enjoined to a strict and inflexible performance of duty, are warned against improper arrests. It may happen that discharged soldiers may be imposed upon,and deprived of their papers, and then delivered for reward to the provost- marshal as deserters. Sagacity and prompt and close scrutiny of every case, on the part of the provost-marshals, must be exercised to prevent abuse or hardship of this nature.
43. Provost-marshals shall keep books in which they shall enter the descriptions of all deserters, spies, and other persons received as prisoners by them, with such dates and remarks as may be proper to complete,as far as practicable, the history of the arrest and disposition made of the men.
44. Provost-marshals shall arrest and send to nearest military post all stragglers from the Army; men who may have left their commands, sick or with leave, and whose authority to be absent has expired, though they may not have left with the intention of deserting.
They will be furnished with transportation,and reported on the provost-marshal's returns in the same manner as deserters, but with proper explanatory remarks in each case.
45. A spy is a person who secretly, in disguise, or under false pretenses, seeks information, with the intention of communicating it to the enemy. He is none the less a spy should he fail either in gaining such information or in communicating it to the enemy. (General Orders 100, of 1863, Adjutant-General's Office.)
46. It is the duty of provost-marshals "to detect, seize, and confine spies of the enemy,who shall, without unreasonable delay, be delivered to the custody of the general commanding the department in which they may be arrested."
47. Spies,when arrested, must be securely guarded and conducted to the custody of the general commanding the department, by military or special guards, in a manner similar to that heretofore provided for deserters.
48. The accounts for all expenses in regard to the arrest, confinement, transportation, and subsistence of spies will be similar to those prescribed for deserters. The fact of their being rendered in relation to a spy, and not to a deserter, must be stated.
BOARDS OF ENROLLMENT.
49. Section 8 of act for enrolling and calling out the national forces, &c., approved March 3, 1863, provides:
That in each of said district there shall be a board of enrollment, to be composed of the provost-marshal, as president, and two other persons, to be appointed by the President of the United States, one of whom shall be a licensed and practicing physician and surgeon.
50. Section 5 of act making appropriations for sundry civil expenses of the Government for the year ending June 30, 1864,and for the year ending June 30, 1863, and for other purpose, approved March 3, 1863, provides:
That the surgeon and the citizen at large, who are, with the provost-marshal, to form the Enrolling Board of each Congressional district, shall receive the compensation of an assistant surgeon of the army, excluding commutation for fuel and quarters,for the time actually employed.